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Name: People v. Vargas
Case #: B146790
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/25/2002
Subsequent History: None

Appellant walked up to the driver’s side of an occupied rental car, pointed a gun at the driver, and demanded he get out of the car and turn over his wallet. The keys were still in the ignition of the car, but appellant was unable to start and drive it. He was convicted of robbery and carjacking. The appellate court here reversed the carjacking conviction. Since there was no movement of the car , there was no completed carjacking. Therefore, a reduction of that offense to the crime of carjacking and remand for resentencing were ordered.